Weighing the Burden of Proof

La Excellence IAS

My Notes - 27 August 2016

Editorials

Prevention of corruption act 1988 section 13(1)(D)(iii) says that while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest” is defined as corruption. It mean that any action of the public servant inspite of his good intentions if it causes a pecuniary benefit to any private individual, he can be prosecuted Under POCA, 1988. Here, the burden of proof lies with officer to prove that he is not intended to cause any pecuniary benefit to anyone.

It is introduced to bring in deterrence against a civil Servant who though honest can get drifted under the political pressures.

It is criticized as a reason for lack of initiative on the bureaucrats for the decision making. In this case former union coal secretary H C Gupta being tried under this section can kill the morale of civil servants.

News

Women entry in to mosque - Women can enter Haji Ali sanctum, rules HC

Bombay high court ruled that Women be permitted to enter the sanctum sanctorum of the Haji Ali Dargah at par with men”. It also held that not allowing women to enter in to the places of worship along with men is violative of Art 14, 15 and 25 of the constitution.

Triple talaq – it is contended that Muslim personal that validates triple talaq as a divorce and recognizes the practices of Inkatha, halal and polygamy were void and unconstitutional.

Syria – who is fighting who in Syria –

Social capital

Singapore deputy Prime minister Tharmanshanmugaratnam held that India has over intervened in Indian economy and under invested in Social and human capital. According to him, India shall achieve higher levels of productivity, per capita income and broad based prosperity.

Health – preventive care

India spends 9.6% of the health care expenditure in preventive health care.

Public spending is very low and it constitutes around 29% of total health expenditure and 1% -of GDP.

Olympics - PM forms task force to plan for next three Olympics – In order to increase the effective participation of India in Olympics, Prime Minister constituted a task force. It will recommend for the systemic changes in sports administration in the country.

Labour sops - Centre likely to announce labour sops ahead of strike

The Labour sops being provided are

Granting social security benefits to anganwadi workers.
Rising minimum pension to RS 2000 a month for EPF members
Revising minimal wage to 10,350 RS/month
Already payment of bonus act is amended. Today, bonus payout calculations are raised for employees earning up to 21000 a month compared to RS 10,000 per month.

Centre extends retirement benefits to all Central staff

Government has extended retirement gratuity and death gratuity to all. That is to the employees recruited before and after New pension scheme(NPS has come in to existence on Jan1,2004 and before it employees are covered by the central service(pension) rules, 1972.

Baloch policy – Govt is consulting past and present diplomats to work out the Baloch policy. The plan of action being considered is

Indian embassies and missions worldwide to raise the issue of rights violations by Pakistan,
easing visa restrictions on Balochis visiting India on the lines of the Cabinet’s recent notification on facilities extended to persecuted minorities from neighbouring countries
allowing them more “political” space in India.

It is expected that Indias tougher line on Balochistan will dissuade Pakistan from taking an adverbial position on Kashmir.

China and Af Pak

China need a stable Afghanistan region to take forward its one belt one road issue. So, it is working to plug the roots of instability in Afghanistan, Tajikistan and Pakistan. A Quadrilateral mechanism is worked out to counter terrorism in these areas.

Question of the day

Any good law against corruption shall protect the honest and act as a deterrence for wrongdoers. Prevention of the corruption act 1988 has many weakness on thins front. Discuss.